The High Court of Australia will today hear a challenge from same sex marriage advocates against the upcoming government plebiscite, who are fighting to have it scrapped.
The hearing in Melbourne, expected to take two days, will confirm whether the public postal vote on gay marriage is valid. The Australian Bureau of Statistics has vowed not to begin posting the ballot forms until the judgement is known.
"We're bringing this challenge because we believe that all Australians should be able to marry the person they love. This postal plebiscite is not only unnecessary, it's actually proving divisive and harmful to LGBTI people and the broader community," said Anna Brown, Director of Legal Advocacy at the Human Rights Law Centre.
"Telling one group of people that their rights have to be decided by a public vote sends a terrible message."
"The High Court will provide an answer for gay and lesbian Australians on whether the postal vote plebiscite will go ahead next week as planned. We think the parliament just needs to get on and do its job and legislate marriage equality right now."
The Turnbull government have not yet detailed what they will do if the plebiscite is struck down by the High Court, but there are reports the Prime Minister will take the issue back to cabinet to decide on a 'Plan C'.